We understand that being charged with a crime may very well be the most stressful and important ordeal in your life. That's why we've posted the answers to some of the most frequently asked questions below. In addition to the information on this webpage we suggest that you use the convenient "free case evaluation" page on our website to set of free consultation. Not only will you get to find out what we can do for you, but we you will also be added to our mailing list enabling to receive free informational materials that will help answer any additional questions you may have about the criminal justice system. The Axel Law Firm PLLC is here to help! Contact us right now!
CAN YOU GET MY CASE DISMISSED?
What I can tell you is that I have gotten many dismissals over the years for both simple misdemeanors and serious felonies. However the Texas rules of ethics prevent defense attorneys from making guarantees about case outcomes, and therefore I can't guarantee a certain outcome.. Further it would be irresponsible for any attorney to make a promise, without seeing all of the evidence the State is going to use against you and without doing their own investigation. What is important is that I will pour all of my experience, skill and knowledge into trying to get your case dismissed or have you acquitted at trial. Many former clients are extremely grateful and satisfied with the work I did on their cases and on the outcomes achieved. They are so satisfied that they have given me express permission to tell others about their cases and the work I did on them so that prospective clients can make an informed decision. You will not be just another client to me. You will get my personal cell phone number and will know that you have aggressive, skilled attorney on your side fighting zealously for your freedom.
THE POLICE NEVER READ ME MY RIGHTS; DOES THAT MEAN MY CASE WILL BE DISMISSED?
No. Reading someone their "rights" often called Miranda rights, comes from the Supreme Court Case, Miranda v. Arizona. To sum it up, police only have to read you your rights before they question you if you are in custody. If they do not, then any statements you make in response to that questioning can be suppressed. Whether or not this results in a dismissal depends what other evidence if any they police have against you. For example, if the police pull you over, find drugs in the center console, arrest you, and question you about it without reading you your rights, any admissions you make may be thrown out and not be used against you. That doesn't mean thought the case will be dismissed because the prosecutor may still argue that they don't need your admissions since the drugs were found in a car, owned by you and in close proximity to you. Nonetheless a skilled Defense Attorney with experience in handling drug offenses may still be able to find a way to break the "affirmative links" connecting you to the drugs. There have been many innocent people who were driving and riding in vehicles with drugs and honestly did not no they were in there.
Will i get bail in my case?
For the overwhelming majority of crimes in Texas, you are entitled to bail. Even in cases where you are not automatically entitled to bail, your defense attorney may be able to convince a judge to set bail. Attorney Axel has successfully litigated many "Habeus Petitions" and "Bond Reduction/Modification" motions to get bail for clients who were originally denied bail, and to get the amount of bail reduced for client's who couldn't afford the original amount. If you are a loved one is arrested, contact us right away to give them the best chance possible and getting an affordable bail with the least restrictive condition as possible.
WHAT SHOULD I DO WHEN IM PULLED OVER BY THE POLICE?
You are required to produce your driver’s license and proof of insurance. If you are unable to swiftly have the items ready before the officer exits his/her car and approaches, Do not fumble around for these items when the officer is at your window or else the officer might think you are trying to hide something or, worse, looking for a weapon.
If you are driving, you are required to produce your driver’s license. If you are a passenger, you are not required to have any ID or answer any questions. However, some officers may respond with hostility to a passenger refusing to ID themselves so it’s a personal choice as to whether or not you want to refuse to identify yourself if you are only a passenger. Other than the preceding, remain silent. Don’t try to make small talk or engage the officer.
Get out of the car only if the officer tells you to do so. If you are asked to exit the vehicle, the officer may pat you down for weapons under certain circumstances. Do not resist this pat down, even if you think the officer is in the wrong. If the pat down produces some evidence against you, and it was done illegally, it is something for you attorney to fight later in court.
The officer may ask for your permission to search. If you are asked to consent to a search – of your purse/backpack, the interior of the car, the trunk – say no.
If the officer writes you a ticket (a traffic citation), sign it. Don’t try to fight the ticket there on the street.
If you are driving, you are required to produce your driver’s license. If you are a passenger, you are not required to have any ID or answer any questions. However, some officers may respond with hostility to a passenger refusing to ID themselves so it’s a personal choice as to whether or not you want to refuse to identify yourself if you are only a passenger. Other than the preceding, remain silent. Don’t try to make small talk or engage the officer.
Get out of the car only if the officer tells you to do so. If you are asked to exit the vehicle, the officer may pat you down for weapons under certain circumstances. Do not resist this pat down, even if you think the officer is in the wrong. If the pat down produces some evidence against you, and it was done illegally, it is something for you attorney to fight later in court.
The officer may ask for your permission to search. If you are asked to consent to a search – of your purse/backpack, the interior of the car, the trunk – say no.
If the officer writes you a ticket (a traffic citation), sign it. Don’t try to fight the ticket there on the street.
WHAT SHOULD I DO IF I AM ARRESTED?
At the time of your arrest, you may feel helpless and utterly without control over the situation. You can regain some control and help yourself in the long run by immediately asserting your constitutional rights to be silent and to speak with an attorney.
The Fifth Amendment to the U.S. Constitution protects your right to remain silent (that is, your right not to incriminate yourself). The Sixth Amendment guarantees your right to an attorney.
Silence – even prolonged silence – is not enough to invoke your right to remain silent. You must speak up and unambiguously announce that (a) you are not going to speak to the officers, and (b) you want a lawyer. Say, for example:
• I wish to remain silent.
• I will not answer any questions.
• I want to speak to a lawyer.
Once you have invoked your rights, stop talking. Your choice to remain silent cannot be used against you at trial, but any statements you make can be. Even “self-serving” statements almost always will hurt you at trial. Seemingly innocent information volunteered to police is often used a defendant at trial.
The Fifth Amendment to the U.S. Constitution protects your right to remain silent (that is, your right not to incriminate yourself). The Sixth Amendment guarantees your right to an attorney.
Silence – even prolonged silence – is not enough to invoke your right to remain silent. You must speak up and unambiguously announce that (a) you are not going to speak to the officers, and (b) you want a lawyer. Say, for example:
• I wish to remain silent.
• I will not answer any questions.
• I want to speak to a lawyer.
Once you have invoked your rights, stop talking. Your choice to remain silent cannot be used against you at trial, but any statements you make can be. Even “self-serving” statements almost always will hurt you at trial. Seemingly innocent information volunteered to police is often used a defendant at trial.
CAN YOU GET THE EVIDENCE AGAINST ME THROWN OUT OF COURT?
Maybe. One of the strongest tools available to a criminal defense lawyer is a “motion to suppress” evidence. A motion to suppress is a formal request to the judge to prohibit the prosecution from introducing certain evidence at trial, on the grounds that it was illegally obtained and in violation of your constitutional rights. The Fourth Amendment to the U.S. Constitution prohibits the government (usually the police) from conducting unreasonable searches and seizures. This means that neither you nor your property can be searched, and no evidence may be seized unless the officers have probable cause to believe that criminal activity is afoot. This also means you cannot be placed under arrest (seized) without probable cause. Any evidence obtained pursuant to an unlawful search, seizure or arrest may be “suppressed.” Likewise, if officers trampled or ignored your Fifth Amendment right to remain silent and to have any attorney present during questioning, then any statements you made may be subject to suppression.
We will investigate and analyze all the evidence in your case and how it was obtained to ensure that it was done legally. If not, then the attorney and move to have that evidence suppressed. In a drug case, for example, the drugs may have been uncovered during an illegal search. If you made statements to the police while you were in custody, but you were never advised of your right to remain silent, your statements may be tossed out. If the police ignored your request for a lawyer, any statements you made in response to police questioning may be subject to suppression.
We will investigate and analyze all the evidence in your case and how it was obtained to ensure that it was done legally. If not, then the attorney and move to have that evidence suppressed. In a drug case, for example, the drugs may have been uncovered during an illegal search. If you made statements to the police while you were in custody, but you were never advised of your right to remain silent, your statements may be tossed out. If the police ignored your request for a lawyer, any statements you made in response to police questioning may be subject to suppression.
IF THE PROSECUTOR WON'T DISMISS THE CASE AND I DON'T WANT TO PLEAD GUILTY WHAT ARE MY OPTIONS?
If the prosecutor doesn't agree to dismiss your case we have no problem taking your case to jury. You have an absolute right to a jury trial and we zealously defend you before a jury of your peers. In order to obtain a conviction in a criminal case, the prosecution must prove that the defendant is guilty “beyond a reasonable doubt.” All 6 jurors for misdemeanors and 12 jurors for felonies must unanimously agree. This is a heavy burden. In the abstract, the concept of “beyond a reasonable doubt” is difficult to define precisely. One way to think about it is to consider what it does not mean. “Beyond a reasonable doubt” does not mean beyond all doubt, as that standard is impossibly high. Nor does it mean “more likely than not,” as that standard is too low, given all that is at stake in a criminal case. Practically speaking, “beyond a reasonable doubt” means that, after hearing all the evidence, the jurors are truly and steadfastly convinced that the defendant is guilty of the crimes charged, and either have no doubts about the Defendant’s guilt, or if they do have doubts, those doubts are unreasonable. We have successfully defended many clients at trial and will put all of our vast experience, skill and zealous advocacy to work for you!
WHAT SHOULD I DO IF I AM PULLED OVER THE OFFICER SUSPECTS I HAVE BEEN DRINKING?
As stated above if the officer pulls you over you are legally required to show him/her your license or proof of insurance. The officer is also allowed to ask you step out the car. You are however not required to answer questions such as "where are you coming from" or "how much have you had to drink". Some officers will want to administer field sobriety tests. There are three (3) standardized tests that are often administered to suspected drunk drivers. The HGN (Horizontal Gaze Nystagmus) test. The "one leg stand test" and the "walk and turn test". You are not required to take any of these tests and should politely decline to do so. However, many officers will not present the tests as if you have choice. They will say something like "I need to check you out to make sure you're ok to drive." Its up to you to respectfully decline. All of these tests have error rates so that even a perfectly sober person can fail, and this can be exacerbated by things like medical issues, nervousness, tiredness, and other non alcoholic reasons. If the officer arrest you anyway and requests a sample of your breath or blood, consent to the breath test. The breath test can only test for alcohol, whereas the blood test can test for drugs including prescription medication. Also, although both have flaws, juries tend to put more faith into blood tests.
SHOULD I HIRE A LAWYER WHO IS FRIENDS WITH THE JUDGE AND/OR PROSECUTOR ON MY CASE?
There is nothing wrong with a defense attorney being friends with a judge or prosecutor. This can come from years of mutual respect built in the courtroom. Other times, the attorney may have gone to law school with the judge or prosecutor. However, be wary of any attorney who tries to imply that their "friendship" with the judge or prosecutor can get you a better outcome. Judges and prosecutors still have a job to do and aren't going to ruin their reputation just because they are "friends" with your lawyer. If you are facing a serious charge, you need an attorney who is 100% committed to zealously defending you. If you have an attorney who is too concerned with being friendly with the judge or prosecutor, they may not be willing to put up the fight you deserve out of fear of burning bridges. While we have respectful and cordial relationships with many judges and prosecutors, it doesn't play any factor whatsoever in the results we get. Criminal cases are won based because of hard work and good lawyering, not being someone's friend.
HOW MUCH ARE YOUR FEES?
There are no set fees for our services. The amount charged is based upon a number of different factors. We encourage you to set up a free consultation where we can discuss not only our fees, but how we can use our experience to help you fight your case!
HOW CAN A CRIMINAL DEFENSE ATTORNEY HELP ME?
The criminal justice system is a complex and powerful entity. An experienced criminal defense attorney – one who understands the system, knows the (written and unwritten) rules, and speaks the language of the prosecutor – helps to level the playing field. A knowledgeable criminal defense attorney can:
• Investigate the charges against you. Your criminal defense attorney will visit the scene of the crime; interview witnesses; review official reports and other documents; and examine the physical evidence. Unlike the police investigation, your attorney’s investigation will consider the facts with an eye toward finding holes in the evidence, gaps in proof, inconsistencies, and anything that might give rise to reasonable doubt.
• Scrutinize the officers’ conduct. Did the officers’ conduct, in connection with your arrest and/or in gathering the evidence against you, violate your constitutional rights? If so, your attorney can bring a motion to have the evidence suppressed.
• Stand between you and the government. The law and procedures that govern a criminal case are complicated. Unless you have studied and trained in the law, it is impossible for you to know all of your rights or when those rights are being violated. Your attorney can help you assert your rights and protect you from an overzealous prosecutor.
• Develop a theory of defense. Did you act in self-defense? Do you have an alibi? Are the charges against you based on the claims of an unreliable eyewitness? Depending on the facts of your case, your attorney can help you formulate and present a coherent theory of defense.
• Represent you at trial. Your attorney will work on your behalf to select a jury and present your defense to the jury.
• Help you make the big decisions required of a criminal defendant. A knowledgeable criminal defense attorney can offer wise counsel, based on experience, to help you make the many strategic decisions you will have to make as your case winds its way through the criminal process.
• Communicate with your family. Your family will be worried about you. Your criminal defense attorney can serve as an intermediary between you and your family and the criminal justice system, helping to ease their anxiety.
• Investigate the charges against you. Your criminal defense attorney will visit the scene of the crime; interview witnesses; review official reports and other documents; and examine the physical evidence. Unlike the police investigation, your attorney’s investigation will consider the facts with an eye toward finding holes in the evidence, gaps in proof, inconsistencies, and anything that might give rise to reasonable doubt.
• Scrutinize the officers’ conduct. Did the officers’ conduct, in connection with your arrest and/or in gathering the evidence against you, violate your constitutional rights? If so, your attorney can bring a motion to have the evidence suppressed.
• Stand between you and the government. The law and procedures that govern a criminal case are complicated. Unless you have studied and trained in the law, it is impossible for you to know all of your rights or when those rights are being violated. Your attorney can help you assert your rights and protect you from an overzealous prosecutor.
• Develop a theory of defense. Did you act in self-defense? Do you have an alibi? Are the charges against you based on the claims of an unreliable eyewitness? Depending on the facts of your case, your attorney can help you formulate and present a coherent theory of defense.
• Represent you at trial. Your attorney will work on your behalf to select a jury and present your defense to the jury.
• Help you make the big decisions required of a criminal defendant. A knowledgeable criminal defense attorney can offer wise counsel, based on experience, to help you make the many strategic decisions you will have to make as your case winds its way through the criminal process.
• Communicate with your family. Your family will be worried about you. Your criminal defense attorney can serve as an intermediary between you and your family and the criminal justice system, helping to ease their anxiety.
If you have any questions about your legal rights following an arrest, please contact The Axel Law Firm PLLC for a free consultation.
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